Case Laws
Please find, below, selected employment related cases and may include PEO or Employee Leasing related issues. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Hampton v. Armand Corporation - 11/18/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 29, 2003
Plaintiff Regina Hampton filed a complaint in this employment law case claiming her former employer, defendant Armand Corporation,...
Polizzi v. New Jersey Transit Rail Operations - 11/18/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 8, 2003
Defendant appeals from an order granting summary judgment dismissing his complaint filed on May 8, 2000, because it was time...
Church Mutual Insurance Co. v. Kleingardner - 11/18/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
LETTER DECISION
The above-referenced matter is before this court pursuant to respondent, Charles Kleingardner's...
Urena v. Pace University - 11/18/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about August 9, 2002, inter alia, granting...
[T] 11/18/2003 Case Annoucements - 11/18/2003
CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS
MOTION AND PROCEDURAL RULINGS
Franklin App. No. 97AP-860. This cause came on for further consideration upon the motion of appellees Industrial Commission of Ohio and...
Tritt v. Cortes - 11/18/2003
Before this Court, in our original jurisdiction, are the preliminary objections of the Honorable Pedro A. Cortes, Secretary of the Commonwealth (Secretary) to the petition for review filed by Connie J. Tritt (Ms. Tritt). This Court...
Shaw v. State Civil Service Commission - 11/17/2003
Before us for consideration is the question of whether a probationary employee who was removed from her position established a prima facie case for employment discrimination, thereby entitling her to a hearing before the State Civil...
City Council of the City of Reading v. Eppihimer - 11/17/2003
Argued: June 4, 2003
Joseph D. Eppihimer, Mayor of the City of Reading (Mayor), and Jeffrey White, Managing Director of the City of Reading (Managing Director), appeal the order of the Court of Common Pleas of Berks County that...
Neeley v. Southern Tank Leasing Company - 11/17/2003
Mr Larry Neeley was 49 years old at the time of trial and had an 11th grade education. He earned his G.E.D. while in the Army. He is a Vietnam veteran and a retired Army National Guardsman. He had worked for Southern Tank Leasing (or...
Nolan v. Covenant Health - 11/17/2003
Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code...
Santiago v. Hartford - 11/17/2003
The employee or claimant, Mr. Santiago, initiated separate civil actions, against a past and present employer, to recover workers' compensation benefits for work related carpal tunnel syndrome, The former employer, Powermatic, and...
Schmnidt v. Workers ' Compensation Appeal Board - 11/17/2003
Submitted: July 11, 2003
Bertram Schmidt (Claimant) petitions for review of the Workers' Compensation Appeal Board's (Board) adjudication granting the suspension-modification petition filed by Pepsi Cola Company (Employer). The...
Westinghouse Electric Corp. v. Workers ' Compensation Appeal Board - 11/17/2003
Submitted: April 11, 2003
Westinghouse Electric Corporation/CBS (Employer) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) requiring Employer to provide treatment to Jeffrey Burger...
Compservices - 11/17/2003
Submitted: September 19, 2003
Marie Hoffmaster-Bellini (Claimant) worked in a mental health facility operated by the Commonwealth of Pennsylvania, Department of Public Welfare, Hamburg Center (Employer). On October 1, 1996,...
Pharo v. Workers ' Compensation Appeal Board - 11/17/2003
Carl Pharo, Jr (Claimant) appeals from an order of the Workers' Compensation Appeal Board which affirmed the decision of a Workers' Compensation Judge (WCJ) dismissing his claim petition. We affirm.
On February 12, 2002,...
Brown v. Administrator of the Bureau of Workers ' Compensation - 11/17/2003
JUDGMENT: Judgment affirmed.
. Plaintiff-Appellant, Richard R. Brown, appeals a judgment of the Wyandot County Common Pleas Court dismissing his motions on the basis of res judicata. Brown's motions addressed issues which...
Karnes v. City of Boca Raton - 11/17/2003
Rex Karnes (Claimant) appeals the JCC's order finding, in pertinent part, that in a non-occupational disease case, an average weekly wage (AWW) award must be determined from an employee's wages for the thirteen weeks prior to the time...
Department of Fair Employment And Housing v. County of San Bernardino Sheriff's Department - 11/17/2003
Plaintiff and appellant California Department of Fair Employment and Housing (plaintiff) appeals from the trial court's judgment, which found that defendant and respondent County of San Bernardino Sheriffs' Department (defendant) did...
Taylor v. Lockheed Martin Corporation - 11/17/2003
CERTIFIED FOR PUBLICATION
Does an arbitration decision under a collective bargaining agreement (CBA) have preclusive effect in a civil suit for retaliatory discharge under Labor Code section 6310, subdivision (b)? We conclude it...
[T] Thompson v. Brown Brothers Inc. - 11/17/2003
Michael Thompson appeals from a ruling on judicial review affirming the agency decision which denied his claim for workers' compensation benefits. REVERSED AND REMANDED.
Michael Thompson appeals from a ruling on judicial review...
[T] Hawkins v. TMC Transportation - 11/17/2003
Mark Hawkins appeals the decision of the district court denying workers' compensation benefits. REVERSED AND REMANDED.
The petitioner-appellant, Mark Hawkins (Hawkins), appeals the order of the district court in a judicial review...
[T] Pella Corp. v. Fogle - 11/17/2003
Employer appeals from alternate medical care decision. AFFIRMED.
Pella Corporation (Pella) appeals from a district court decision on judicial review which affirmed a final agency alternate medical care decision in favor of its...
Jenkins v. AK Steel Corporation - 11/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Roy Jenkins petitions this Court for a review of the decision of the Workers Compensation Board, which reversed the decision of the Administrative Law Judge (ALJ) awarding him benefits...
Heck v. Lafourche Parish Council - 11/14/2003
Kuhn, J. Agrees in Part and Dissents in Part
In this appeal, plaintiff, David Heck, and intervenor, Gerald Breaux, Lafourche Parish President, challenge the judgment of the trial court, awarding Heck certain sums for...
Bustell v. AIG Claims Service - 11/14/2003
DECISION AND JUDGMENT FOR ATTORNEY FEES
This Court previously determined that claimant's attorney, Mr. Paul E. Toennis (Toennis), is entitled to attorney fees from the respondent/insurer. The matter now before the Court is the...
In re Appeal of Weaver - 11/14/2003
Compensation Appeals Board
Argued: October 8, 2003
The petitioner, Stephen V. Weaver, appeals the decision of the New Hampshire Compensation Appeals Board (board) denying him benefits for an in-state injury because he had...
Executive Direction - 11/14/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
McClung v. Employment Development Department - 11/14/2003
CERTIFIED FOR PUBLICATION
Plaintiff Lesli Ann McClung (McClung) worked as an auditor for defendant Employment Development Department (EDD) in Sacramento. On a trip to San Diego to conduct an audit, another EDD auditor, defendant...
Mendosa v. Workers ' Compensation Appeals Board - 11/14/2003
THE COURT
Raymond Mendosa (Mendosa) petitions for a writ of review to determine the lawfulness of the decision of the Workers' Compensation Appeals Board (WCAB) apportioning his disability award from a prior injury. (Lab....
State v. Tsilimidos - 11/14/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued September 23, 2003
The defendant, Nicholas Tsilimidos, appeals from the denial of his post-conviction motion to direct that his plea of guilt to...
Wilson v. City of Sardis - 11/14/2003
Edgebert Wilson was chief of police for the city of Sardis until his employment was terminated by the mayor and city council. Wilson brought this action for wrongful termination of employment and tortious interference with business...
[T] Wausau Insurance Companies v. Workers ' Compensation Appeal Board - 11/14/2003
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 14th day of November, 2003, the Petition for Allowance of Appeal is hereby denied. ...
Pennsylvania Department of Corrections/SCI Waymart v. Workers ' Compensation Appeal Board - 11/14/2003
The Pennsylvania Department of Corrections and the State Correctional Institute at Waymart (SCI-Waymart) (collectively, Employer) petition for review of a Workers' Compensation Appeal Board (Board) order affirming the decision of the...
Cantarella v. Department of Corrections - 11/14/2003
Lynda Cantarella (Claimant) petitions for review of an order of the Secretary of the Department of Corrections (Department) adopting the proposed findings of fact and conclusions of law of a Hearing Examiner and denying Act 632 ...
Mantle v. Sterry - 11/13/2003
.Defendant-appellant, Pavlova R. Sterry ("appellant"), appeals from the judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations granting appellant and plaintiff-appellee, Michael J. Mantle ("appellee"),...
Thomas v. 2 Overhill Road Associates - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
Order, Supreme Court, Bronx County (Anne Targum, J.), entered April 11, 2003, which, to the extent appealed from, denied...
State ex rel Haffey v. Conrad - 11/13/2003
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
.Relator, Gloria J. Haffey, commenced this original action requesting a writ of mandamus that orders respondent Industrial Commission of...
State ex rel Forrest v. Anchor Hocking Consumer Glass - 11/13/2003
(REGULAR CALENDAR)
DECISION
ON OBJECTIONS TO THE MAGISTRATE'S DECISION IN MANDAMUS
. Relator, Betty Forrest, has filed an original action in mandamus requesting this court to issue a writ of mandamus to order...
Damaska v. Kandemir - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
Order, Supreme Court, New York County (Walter Tolub, J.), entered December 30, 2002, which, inter alia, denied, with leave...
In re Berger (N.Y.App.Div. 11/13/2003)
[1]
NEW YORK SUPREME COURT - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
M-2596
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial...
Brown v. Clifton Recycling - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 4, 2003
Appeals from a decision and an amended decision of the...
In re Seventh Judicial District Asbestos Litigation - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
The Plaintiff, Constance F. Polito, was the spouse of Salvatore T. Polito, who died from mesothelioma, a disease commonly...
Holmes v. Kelly Farm & Garden - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 9, 2003
Appeal from a decision of the Workers' Compensation...
Wyman v. Maidas Floral Shop - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 5, 2003
Appeal from a decision of the Workers' Compensation...
Barger-Dieter v. Kelly Temporary Services - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 10, 2003
Appeal from a decision of the Workers' Compensation...
Heidelmark v. State - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 9, 2003
Appeal from an order of the Court of Claims (Read,...
Evans v. Jewish Home and Hospital - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 12, 2003
Appeal from a decision of the Workers' Compensation...
Stanislawczyk v. 2 East 61st Street Corp. - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 10, 2002, which granted defendants'...
Vasquez v. McGeever - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 4, 2003
Appeal from an order of the Supreme Court (Williams,...
In re Sohmer v. Arben Construction Co. - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 10, 2003
Appeals (1) from a decision of the Workers'...
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51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100
101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150
151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200
201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250
251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300
301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350
351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400
401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427
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